BISHAN SINGH Vs. DARSHAN LAL GHAI AND OTHERS

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No.147 dated 28.07.2011 under Sections 420 of IPC, registered at Police Station Shimlapuri, District Luhdiana and all the subsequent proceeding arising therefrom, on the basis of compromise (Annexure P-2), entered between the parties.

(2.) Brief facts of the case are that the F.I.R was registered against the petitioners at the instance of respondent No. 2. The allegation in the F.I.R is that the petitioner has promised to send the complainant to Canada. The respondent had paid a sum of Rs. 6,00,000/- to the petitioner but the petitioner had sent him to Dubai and after coming back, on repeated request of complainant, the petitioner had returned four lacs and two lacs is still pending. In the above background, F.I.R was registered against the petitioner.

(3.) During the pendency of the trial, both the parties arrived at a compromise with the intervention of respectable persons and amicably settled the dispute between them. As per the compromise, Rakesh Kumarcomplainant has been fully and finally settled with the brother of petitioner and now nothing is due from Jasbir Singh. He do not want to proceed further with the case and has no objection if the F.I.R is quashed and the petitioner is acquitted. Compromise deed is Annexure P-1. Respondent No. 2 has filed his affidavit (Annexure P-2) in which he has stated that after registration of F.I.R of the case, the compromise has been effected between the parties and he has no objection if the F.IR. is quashed against the petitioner. Now the complainant has not grudge against the petitioner and undertake not to initiate any other legal proceedings/action against the petitioner. The affidavit is with free will and consent and without any pressure or coercion and further undertakes to comply with all the terms and conditions of the compromise/agreement Respondent No.2 appeared through counsel and admitted the factum of compromise and stating that due to intervention of respectable and relatives, the matter has been compromised with the petitioner and now he is having no objection if the FIR in question with consequential proceedings arising therefrom, is quashed . Respondent No.2-complainant is present in the Court and has been identified by his counsel. The compromise is voluntarily and without any pressure. As per compromise (Annexure P-1 ), both the parties have settled the dispute amicably as per the conditions recorded in the compromise. Counsel for respondent No. 2 has also filed the affidavit dated 11.01.2012 of the complainant in which it has been submitted that the complainant do not want to pursue the case. Counsel for the respondent does not dispute the genuineness of the compromise (Annexure P-1) annexed with the petition.